📋 Terms of Service

1 Acceptance of Terms

1.1 Binding Agreement

By accessing, browsing, registering for, or using FunPhantom ("the Service," "Platform," "we," "us," or "our"), you ("User," "you," or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

1.2 Modifications to Terms

We reserve the right to modify, amend, update, or replace these Terms at any time, at our sole discretion, with or without notice. Material changes will be communicated via:

• Email notification to your registered email address
• Prominent notice on the Service homepage
• In-app notification upon next login
• Updated "Last Modified" date at the top of these Terms

Your continued use of the Service after any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately cease all use of the Service and may request account deletion.

1.3 Additional Terms

Certain features, services, or promotions may be subject to additional terms and conditions, which will be presented to you at the time of use. Such additional terms are incorporated by reference into these Terms.

2 AI-Generated Content Disclaimer

2.1 Nature of AI-Generated Content

• AI Creation: All videos are generated by artificial intelligence, not created by human artists or videographers
• No Human Verification: Generated content is not reviewed, verified, or endorsed by FunPhantom before delivery to you
• Unpredictable Results: AI-generated content may produce unexpected, unintended, or imperfect results
• No Accuracy Guarantee: We make no representations about the accuracy, quality, or suitability of AI-generated videos

2.2 User Responsibility for AI Content

YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR:

• All content you generate using the Service, regardless of intent or outcome
• Reviewing and verifying all AI-generated videos before use or distribution
• Ensuring your use of AI-generated content complies with all applicable laws and regulations
• Any consequences arising from your use, distribution, or publication of AI-generated videos
• Obtaining any necessary permissions, licenses, or rights for your use of generated content
• Clearly disclosing that content is AI-generated when required by law or ethical standards

2.3 Platform Owner Liability Disclaimer

3 User Indemnification

This indemnification obligation survives termination of your account and these Terms.

4 Service Description

FunPhantom provides AI-powered video generation services using the Wanxiang 2.2 model with Lightning LoRA optimization. Our service allows users to transform static images into dynamic videos through advanced artificial intelligence technology.

Service Features Include:

• Image-to-video generation with customizable parameters
• Token-based pricing system (0.6 - 2.0 tokens per video)
• Subscription plans with monthly token allocations
• Job management and video download capabilities
• API access for integration purposes

5 User Accounts

Account Creation:

• You must provide accurate, current, and complete information during registration
• You must be at least 18 years old to create an account
• One person or entity may not maintain more than one account without permission
• You are responsible for maintaining the confidentiality of your account credentials

Account Security:

• You are solely responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We are not liable for any loss or damage arising from unauthorized account access
• You must not share your account credentials with third parties

Account Termination:

• We reserve the right to suspend or terminate accounts that violate these Terms
• You may delete your account at any time through your account settings
• Upon termination, your right to use the Service immediately ceases
• Unused tokens are non-refundable upon account termination

6 Payment and Billing

Token System:

• Video generation costs range from 0.8 to 1.4 tokens based on duration and quality settings
• Tokens are non-refundable, non-transferable, and do not expire
• Token costs are calculated as: Base Cost (by steps) × Duration Multiplier
• You must have sufficient tokens to generate videos
• Tokens have no cash value and cannot be exchanged for money
• Failed video generations may consume tokens; we are not obligated to refund tokens for failed jobs

Subscriptions:

• Monthly subscriptions provide 20 tokens per month plus platform access
• Subscriptions are billed monthly on a recurring basis
• You can cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds for partial months, unused tokens, or early cancellation
• Subscription fees are non-refundable under any circumstances
• Unused monthly tokens do not roll over to the next billing period

Payment Processing:

• All payments are processed securely through Razorpay
• You must provide valid payment information
• You authorize us to charge your payment method for all fees incurred
• We do not store your payment card information
• All prices are listed in USD, INR, or EUR as selected
• You are responsible for any taxes, fees, or charges imposed by your bank or payment provider

Referral Program:

• You earn 5 tokens when a referred user makes their first payment
• Referral rewards are granted only once per referred user
• We reserve the right to modify or terminate the referral program at any time
• Fraudulent referral activity may result in immediate account termination without refund
• Referral tokens are subject to the same non-refundable policy as purchased tokens

Pricing Changes:

• We reserve the right to change pricing at any time without prior notice
• Price changes do not affect tokens already purchased
• Active subscriptions will be honored at the original price until cancellation or renewal

7 Acceptable Use Policy

7.1 Prohibited Content Types

You are STRICTLY PROHIBITED from using the Service to generate, upload, or distribute content that:

• Deepfakes or Impersonation: Creates misleading content impersonating real people without consent, including public figures, celebrities, or private individuals
• Illegal Content: Violates any applicable local, state, national, or international law or regulation
• Adult/Sexual Content: Contains nudity, pornography, sexually explicit material, or sexual content involving minors
• Violence and Gore: Depicts graphic violence, gore, torture, harm to individuals or animals, or promotes self-harm
• Hate Speech: Promotes discrimination, hatred, harassment, or violence against individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
• Misinformation: Creates deliberately false, misleading, or deceptive content intended to spread misinformation or propaganda
• Intellectual Property Infringement: Infringes on copyrights, trademarks, patents, trade secrets, or other intellectual property rights of third parties
• Privacy Violations: Violates privacy rights, publicity rights, or data protection laws of any individual
• Defamatory Content: Contains false statements that harm the reputation of individuals or entities
• Illegal Activities: Promotes, facilitates, or depicts illegal activities including drug use, terrorism, human trafficking, or financial fraud
• Malicious Content: Contains malware, viruses, trojans, or other harmful code or exploits
• Spam and Scams: Used for spam, phishing, scams, pyramid schemes, or fraudulent purposes

7.2 Prohibited Platform Activities

You also agree NOT to:

• Attempt to reverse engineer, decompile, disassemble, or hack the Service or its underlying technology
• Use automated systems (bots, scrapers, crawlers) without explicit written permission
• Interfere with, disrupt, or overload the Service, servers, or networks
• Bypass, circumvent, or attempt to bypass any security measures, access restrictions, or rate limits
• Resell, redistribute, sublicense, or commercially exploit the Service without authorization
• Use the Service for competitive analysis, benchmarking, or to build competing products
• Share account credentials or allow unauthorized access to your account
• Create multiple accounts to abuse promotions, referrals, or free trials
• Upload content you do not have the legal right to use or distribute

7.3 Enforcement and Consequences

7.4 Monitoring and Reporting

• We reserve the right (but have no obligation) to monitor, review, or screen user-generated content
• We may use automated systems to detect prohibited content
• Users can report violations through our contact form
• We will investigate reported violations and take appropriate action

8 Content Ownership and Rights

8.1 Your Uploaded Content

• You retain all ownership rights to images and prompts you upload to the Service
• You grant us a limited, non-exclusive, worldwide license to process your content solely for video generation
• You represent and warrant that you have all necessary rights, licenses, and permissions to the content you upload
• You are solely responsible for ensuring your content doesn't infringe third-party intellectual property, privacy, or other rights
• You will not upload content depicting individuals without their consent

8.2 AI-Generated Videos

• You own the videos generated by the Service using your inputs, subject to these Terms
• You may use generated videos for personal or commercial purposes
• You must comply with all applicable laws when using, distributing, or publishing generated content
• You must clearly disclose that content is AI-generated when required by law or when such disclosure is necessary to prevent deception
• We are not responsible for how you use, distribute, or monetize generated videos
• We make no representations about the legal status or usability of generated content in your jurisdiction

8.3 Platform Rights

• We retain all rights, title, and interest in the FunPhantom platform, technology, AI models, and branding
• We may use anonymized, aggregated data to improve our AI models and services
• We may showcase generated videos (with your explicit permission) for marketing purposes
• We reserve the right to remove, delete, or refuse to generate content that violates these Terms
• No rights are granted to you except as explicitly stated in these Terms

8.4 Data Retention and Deletion

• Generated videos are automatically deleted after 3 days
• You must download videos you wish to keep before automatic deletion
• We are not responsible for data loss due to automatic cleanup or technical issues
• Deleted content cannot be recovered under any circumstances
• We reserve the right to delete content at any time for any reason, including storage limitations

9 Disclaimers and Limitations of Liability

9.1 Service "As Is" Disclaimer

FunPhantom is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties of accuracy, reliability, completeness, or quality of AI-generated content
• Warranties of uninterrupted, timely, secure, or error-free service
• Warranties that defects or errors will be corrected
• Warranties regarding the results obtained from using the Service
• Warranties that AI-generated content will meet your requirements or expectations

9.2 AI Content Disclaimer

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNPHANTOM, ITS OWNERS, OPERATORS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND PARTNERS SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages arising from use, misuse, or inability to use the Service or AI-generated content
• Damages resulting from unauthorized access to your account, data, or content
• Damages from errors, bugs, viruses, technical issues, or service interruptions
• Damages from third-party claims related to your AI-generated content
• Damages from reliance on AI-generated content or its accuracy
• Damages from deletion, corruption, or loss of content or data
• Damages from changes to pricing, features, or Terms of Service
• Any damages whatsoever arising from user-generated AI content and its distribution or use

9.4 User-Generated Content Liability

YOU ACKNOWLEDGE AND AGREE THAT:

• FunPhantom is a technology platform provider, not a content creator or publisher
• All AI-generated videos are created by users using our tools
• We have no control over how users employ AI-generated content after creation
• We are not liable for any harm, damage, or legal issues caused by user-generated content
• Users, not FunPhantom, are responsible for all legal and ethical implications of their AI-generated content

10 Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

10.2 Arbitration and Class Action Waiver

Any dispute, controversy, or claim arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law.

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS OR CLASS-WIDE ARBITRATION. All disputes must be brought on an individual basis only.

10.3 Jurisdiction and Venue

You agree to submit to the exclusive jurisdiction of the courts located in New Delhi, India for any disputes that cannot be resolved through arbitration. You waive any objection to venue in such courts and any claim that such courts are an inconvenient forum.

10.4 Informal Resolution

Before initiating arbitration or litigation, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith within 30 days of receiving notice.

11 Privacy and Data Protection

11.1 Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy to understand our data collection, use, and protection practices.

11.2 Data Processing

• We process your personal data in accordance with applicable data protection laws, including GDPR and India's Digital Personal Data Protection Act
• By using the Service, you consent to the collection, processing, and storage of your data as described in our Privacy Policy
• You have rights regarding your personal data, including access, correction, deletion, and portability, subject to legal limitations
• We implement appropriate technical and organizational measures to protect your data

11.3 Cookies and Tracking

We use cookies, web beacons, and similar tracking technologies to enhance your experience, analyze usage, and deliver personalized content. By using the Service, you consent to our use of these technologies as described in our Privacy Policy.

11.4 Third-Party Services

The Service may integrate with third-party services (payment processors, analytics providers, cloud storage). Your use of such services is subject to their respective terms and privacy policies. We are not responsible for third-party practices.

12 Service Provider Information

12.1 Operator Details

Service Name: FunPhantom
Website: https://www.funphantom.in
Contact Email: [email protected]
Jurisdiction: India

12.2 Regulatory Compliance

FunPhantom operates in compliance with applicable Indian laws and regulations, including but not limited to:

• Information Technology Act, 2000 and amendments
• Digital Personal Data Protection Act, 2023
• Consumer Protection Act, 2019
• Payment and Settlement Systems Act, 2007
• Intermediary Guidelines and Digital Media Ethics Code, 2021

13 Export Control and Sanctions

13.1 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not:

• Located in, or a resident or national of, any country subject to international sanctions or embargoes
• Listed on any government list of prohibited or restricted parties
• Subject to any restrictions that would prohibit your use of the Service

13.2 Prohibited Jurisdictions

We reserve the right to restrict or deny access to the Service from certain jurisdictions based on legal, regulatory, or business considerations.

14 Accessibility and Non-Discrimination

14.1 Accessibility Commitment

We strive to make our Service accessible to users with disabilities and comply with applicable accessibility standards. If you encounter accessibility barriers, please contact us at [email protected].

14.2 Non-Discrimination

We do not discriminate against users based on race, color, religion, gender, sexual orientation, national origin, age, disability, or any other protected characteristic under applicable law.

15 General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and any additional terms presented for specific features, constitute the entire agreement between you and FunPhantom regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

15.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, severed from these Terms. The remaining provisions will remain in full force and effect to the maximum extent permitted by law.

15.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Any waiver must be in writing and signed by an authorized representative of FunPhantom.

15.4 Assignment and Transfer

You may not assign, transfer, sublicense, or delegate these Terms, your account, or your rights and obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is void. We may freely assign, transfer, or delegate our rights and obligations under these Terms without restriction, notice, or consent, including in connection with a merger, acquisition, reorganization, or sale of assets.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, epidemics, pandemics, strikes, labor disputes, shortages of transportation facilities, fuel, energy, labor or materials, failure of telecommunications or information services, or any other cause beyond our reasonable control. During such events, our performance obligations shall be suspended for the duration of the force majeure event.

15.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and FunPhantom and do not create any third-party beneficiary rights. No other person or entity shall have any rights under these Terms.

15.7 Headings and Interpretation

Section headings are for convenience only and shall not affect the interpretation of these Terms. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation." The use of "or" is not exclusive unless expressly stated otherwise.

15.8 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of any conflict between the English version and a translation, the English version shall prevail.

15.9 Survival

The following sections survive termination or expiration of these Terms and your account: Sections 2 (AI-Generated Content Disclaimer), 3 (User Indemnification), 6 (Payment and Billing - regarding outstanding obligations), 7 (Acceptable Use Policy), 8 (Content Ownership and Rights), 9 (Disclaimers and Limitations of Liability), 10 (Dispute Resolution), 11 (Privacy and Data Protection), 12 (Service Provider Information), 13 (Export Control), and 15 (General Provisions).

15.10 Electronic Communications

By using the Service, you consent to receive electronic communications from us, including emails, notifications, and messages through the Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may withdraw your consent to receive electronic communications by contacting us, but doing so may result in termination of your account.

15.11 Government Use

If you are a government entity or using the Service on behalf of a government entity, you acknowledge that the Service constitutes "commercial computer software" and "commercial computer software documentation" as such terms are used in applicable government acquisition regulations. Use, reproduction, and disclosure are subject to these Terms.

15.12 Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

• Email: [email protected]
• Contact Form: Available at /contact
• Response Time: We aim to respond within 48 business hours

16 Acknowledgment and Consent